Understand the risks of Legionnaires' disease and the legal responsibilities of employers to protect vulnerable individuals from this severe respiratory condition.
Employers and those in control of building premises have legal duties both to assess and manage sources of risk which includes the risk of Legionnaires disease – a respiratory condition which can prove fatal amongst those who are vulnerable by reason of age or with a compromised respiratory system.
Legionnaires disease is a severe form of pneumonia spread through infected/largely water/borne droplets/aerosols. It was so named following an outbreak in 1976 in a Philadelphia Hotel which hosted a convention of the American Legion.
Sanctuary Housing who manage sheltered housing accommodation at Vincent Naughton Court in Birkenhead, Merseyside, pleaded guilty to breaching Section 3 (i) of the Health, Safety and Work Act 1974 and were fined £900,000 plus costs at Liverpool Crown Court on the 22nd October 2024.
The court heard evidence from the Health and Safety Executive Investigator that, despite positive testing for Legionella bacteria in July and August 2018, residents were not prohibited from taking showers and water was stored in sinks until they were evacuated from the building on 24 August 2018.
Housing Association staff were said to possess inadequate knowledge and had received no training on Legionella risks. Subsequently, a chlorinated water system was installed and residents were moved back in October/November 2018.
The residents were described at being at higher risk and vulnerable due to both their age and underlying health issues.
HSE inspector Rose Leese-Weller said:
“Sanctuary Housing failed to protect vulnerable residents at Vincent Naughton Court
through it’s mismanagement of the site’s water system. It is very fortunate that
none of the residents became ill, as they were allowed without any proper warning
to continue to use the grossly contaminate water for a large period of time………
(and), the company had not provided its staff with adequate instruction and training”.
Outbreaks of the illness occur from exposure to Legionella growing in purpose-built systems where water is maintained at a temperature high enough to encourage growth. Examples include evaporated cooling systems, hot and cold water systems and spa pools.
The Health and Safety Executive published an Approved Code of Practice and Guidance in 2013, aimed at duty holders to include employers
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